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Smith v. Luna
Citation: 134 F. App'x 209Docket: No. 04-35549; D.C. No. CV-04-00084-JWS
Court: Court of Appeals for the Ninth Circuit; June 17, 2005; Federal Appellate Court
Alaska state prisoner Ruple Marx Smith appeals the dismissal of his 28 U.S.C. § 2254 habeas petition on the grounds of untimeliness. The appellate court has jurisdiction under 28 U.S.C. § 2253 and reviews the case de novo. The court affirms the district court's decision, adopting its reasoning. The memorandum concludes that this disposition is not suitable for publication and cannot be cited in future cases except as specified by Ninth Circuit Rule 36-3.